Vijay Madhukarrao Sarode S/O Mr Madhukarrao Sarode v. State Of Maharashtra And ANR

Osk 24-Wp-2647-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 2647 OF 2025 Vijay Madhukarrao Sarode ... Petitioner V/s.

The State of Maharashtra & Anr.

... Respondents _______________________________________ Mr. Vikram Shejwal for Petitioner.

Mr. Rhishikesh Pethe, A.P.P. for Respondent No.1-State. P.S.I. Mr. Gaikwad, Shivajinagar Police Station, Thane. _______________________________________ CORAM : A. S. GADKARI AND RAJESH S. PATIL, JJ.

DATE : 9th June 2025.

P.C. :

1) By the present Petition under Article 226 of the Constitution of India, the Petitioner, an accused in CR No. 0824 of 2024, dated 1st October 2024, registered with Shivaji Nagar Police Station, Ambernath, District Thane, for the offence punishable under Sections 376, 504 of the Indian Penal Code and Sections 3(1)(r), 3(1)(s), 3(1)(w)(i) & 3(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, is seeking to quash the said crime.

2) Learned A.P.P. on instructions from Mr. Gaikwad, Police SubInspector attached to Shivajinagar Police Station, Ambernath, District Thane submitted that, the Police have already concluded investigation and filed chargesheet before the trial Court.

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Osk 24-Wp-2647-2025.doc 3) The Hon'ble Supreme Court in the case of Neeta Singh & Ors. Vs. The State of Uttar Pradesh & Ors., Special Leave to Appeal (Cri.) No. 13578/2024, dated 15/10/2024, has held that, after filing of chargesheet the Petition for quashing of F.I.R. becomes infructuous. 4) In view of the above, the Petition has become infructuous. The Petition is accordingly dismissed, by reserving the statutory remedy in favour of the Petitioner to file an Application for discharge before the trial Court, if so advised.

( RAJESH S. PATIL, J. ) ( A.S. GADKARI, J. ) by OMKAR SHIVAHAR KUMBHAKARN Date:

2025.06.11 12:21:25 +0530 OMKAR SHIVAHAR KUMBHAKARN 2/2